H. B. 2995
(By Delegate Overington)
[Introduced February 26, 1999; referred to the
Committee on Industry and Labor then Government
Organization.]
A BILL to amend chapter eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-three-a,
relating to the development of outdoor lighting regulations.
Be it enacted by the Legislature of West Virginia:
That chapter eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article thirty-three-a,
to read as follows:
ARTICLE 33A. DEVELOPMENT OF OUTDOOR LIGHTING REGULATIONS.
§8-33A-1. Intent and purpose.
It is the intent of this article to encourage lighting
practices and systems which will: Minimize light pollution
glare, light trespass; conserve energy and resources while
maintaining night-time safety, utility, security and productivity; and curtail the degradation of the night-time
visual environment. It is recognized that since topographic and
atmospheric conditions surrounding Green Bank in Pocahontas
County are uniquely suited for astronomical observation and since
the national astronomy observatory has been established in Green
Bank, Pocahontas County, through the provisions contained in this
article, promote the reduction of light pollution which
interferes with the successful operation of such observatories.
The effects of outdoor lighting on the light pollution over the
observatory is strongly dependent on the distance of those lights
from the observatory. Therefore, an astronomical zone is hereby
established, allowing increased flexibility in the uses of
outdoor lighting farther from the observatory.
§8-33A-2. Applicability.
(a) Whenever a person is required to obtain a building
permit, electrical permit for outdoor lighting or signage, a
municipality's or county's conditional use permit, subdivision
approval, or development plan approval by the city or county,
including all city or county projects, or whenever a person
requests annexation or rezoning, the applicant shall, as a part
of said application, submit sufficient information to enable the
planning director to determine whether the proposed lighting will
comply with this article.
(b) The application shall include the following:
(1) A site plan indicating the proposed location of all
outdoor lighting fixtures and signs;
(2) A description of each illuminating device, fixture,
lamp, support and shield. This description may include, but is
not limited to, manufacturer's catalog cuts and drawings
(including sections where required), lamp types and lumen
outputs;
(3) Photometric data, such as that furnished by
manufacturers, or similar, showing the angle of cut-off of light
emissions for the proposed luminaire(s);
(4) Such other information as the planning director may
determine is necessary to ensure compliance with this article.
§8-33A-3. Approved materials and methods of construction or
installation or operation.
(a) Preferred source - Low-pressure sodium (LPS) lamps are
the preferred illumination source throughout a municipality or
county; their use is to be encouraged, when not required, for
outdoor illumination whenever its use would not be detrimental to
the use of the property.
(b) Uses that can turn off their outdoor lighting during
night hours are to be encouraged in astronomical zone I; those
which require all night illumination are to be discouraged.
(c) The provisions of this article are not intended to
prevent the use of any design, material or method of installation or operation not specifically prescribed herein, provided any
such alternate has been approved by the planning director. The
planning director may approve any such proposed alternate
provided the planning director finds that it:
(1) Provides at least approximate equivalence to the
applicable specific requirements of this article; and
(2) Is otherwise satisfactory and complies with the intent
of this article.
§8-33A-4. Establishment of astronomical zone.
An astronomical zone is hereby established at the national
radio astronomy observatory at Green Bank in Pocahontas County
and extends from the outer boundary of the observatory to
approximately seven miles from the observatory.
§8-33A-5. General requirements.
(a) Outdoor floodlighting by flood light projection above
the horizontal plane is prohibited.
(b) All light fixtures that are required to be shielded
shall be installed in such a manner that the shielding is
effective as described in chapter ten through fourteen,
definitions, for fully or partially shielded fixtures.
(c) All light fixtures, except street lights, shall be
located, aimed or shielded so as to minimize stray light
trespassing across property boundaries.
(d) Search lights, laser source lights, or any similar high-intensity light shall not be permitted, except in emergencies by
police and fire personnel or at their direction; or for
meteorological data gathering purposes.
(e) Class I lighting may continue only until 9:00 p.m. or
for as long as the area is in active use.
(f) Any lamp type that has been determined to emit
substantial nonvisible radiation, as determined from
manufacturer's specifications or photometric test, requires a
filter that blocks this nonvisible radiation. Examples of such
lamps include, but are not limited to, Quartz-Halogen and
fluorescent.
(g) Illumination for outdoor recreation facilities must
conform to the shielding requirements of the table below, except
when the shielding would interfere with the intended activity.
For such facilities, partially-shielded luminaries are permitted.
Examples of activities where partially-shielded luminaries are
permitted including, but are not limited to, baseball, softball
and football. Specifically, tennis, volleyball, racquetball and
handball courts and swimming pools must utilize fully-shielded
luminaries. Where fully-shielded luminaries are required, the
light fixtures must also conform to the requirements of
subsection (c) of this section regarding light trespass.
(h) Multiclass lighting must either conform to the
lamp-type and shielding requirements of the most strict class, as shown in the table below, or conform to the time limitations of
the least strict class.
(i) External illumination for signs shall conform to the
provisions of this article.
(j) On projects where an engineer or architect is required,
the developer shall verify in writing to the city or county that
all outdoor lighting was installed in accordance with the
appropriate office plan building official.
Table
TABLE OF LAMP SOURCE AND SHIELDING STANDARDS
LAMP TYPEZONE IZONE IIZONE III
Class 1 lighting (color rendition):
Low-pressure sodium aboveFFF
4050 lumens
Others above 4050 lumensXFF
All types below 4050 lumensF*FP
Class 2 lighting
(general illumination):
Low-pressure sodium aboveFFF
4050 lumens
Others above 4050 lumensXXX
All types below 4050 lumensF*/**F**F**
Class 3 lighting (decorative):
Low-pressure sodium aboveFFF
4050 lumens
Others above 4050 lumensXXF
All types below 4050 lumensF*AA
Use code:
A - Unshielded light allowed; shielding not required but
highly recommended. (Unshielded or partially shielded lights
limited to a maximum of 5,500 lumens per net acre).
P - Partially shielded lights allowed. (partially or
unshielded lights limited to a maximum of 5,500 lumens per net
acre).
F - Allowed, fully shielded
X - Prohibited
* - Non-LPS lights in Zone I are limited to a maximum of
5,500 lumens per net acre.
** Exception: Lamps emitting no more than 4,720 lumens used
for each single-family dwelling or duplex dwelling unit for
residential outdoor lighting purposes are exempt from the
shielding requirement.
Examples of lamp types of 4050 lumens and below are (the
acceptability of a particular light is decided by its lumen
output, not wattage; check manufacturer's specification):
1. 200 watt standard incandescent
2. 150 watt tungsten-halogen (quartz)
3. 50 watt high pressure sodium
4. 50 watt cool white fluorescent
5. 30 watt low pressure sodium
§8-33A-6. Airport lighting.
Airport lighting which is required for the safe and
efficient movement of aircraft during flight, takeoff, landing
and taxiing is exempt from the provisions of this article.
Lighting uses for illumination of air craft loading, unloading
and servicing areas is exempt from the lumens per acre limits of
this article, although it must conform to all other requirements
of this article. All other outdoor lighting at airport
facilities must comply with the provisions of this article.
§8-33A-7. Infrared security lighting.
Lights emitting infrared radiation used for remote security
surveillance systems are exempt from the filtration requirements
of section five of this article. Such lighting is permitted in
all zones with the following restrictions:
(a) Fixed lights must be fully-shielded; and
(b) Moveable lights, such as spot lights attached to
infrared-sensitive cameras, must be mounted such that the lights
cannot be directed higher than twenty degrees below the
horizontal, measured from the center of the light beam.
§8-33A-8. Temporary lighting permits.
(a) The planning director may grant a permit for temporary
lighting, as defined herein, if the planning director finds the following:
(1) The purpose for which the lighting is proposed is not
intended to extend beyond thirty days;
(2) The proposed lighting is designed in such a manner as to
minimize light pollution and trespass as much as is feasible;
(3) The proposed lighting will comply with the general
intent of this article; and
(4) The permit will be in the public interest.
(b) The application for the temporary lighting permit shall
include the following information:
(1) Name and address of applicant and property owner;
(2) Location of proposed fixtures;
(3) Type, wattage and lumen output of lamp(s);
(4) Type and shielding of proposed fixtures;
(5) Intended use of the lighting;
(6) Duration of time for requested exemption;
(7) The nature of the exemption; and
(8) Such other information as the planning director may
request.
(c) The planning director shall endeavor to rule on the
application within five business days form the date of submission
of the request and notify the applicant in writing of the
decision. The planning director may grant one renewal of the
permit for an additional thirty days if the planning director finds that, because of anticipated change in circumstances, a
renewal would be in the public interest. The planning director
is not authorized to grant more than one temporary permit and one
renewal for a thirty-day period for the same property within one
calendar year.
§8-33A-9. Nonconforming uses.
(a) Mercury vapor lamps in use for outdoor lighting in zones
I, II and III on the effective date of this ordinance shall not
be so used after the first day of May, two thousand five.
(b) Any construction permit which invokes certificate of
occupancy requirements shall specify and require that any
nonconforming sign, as to lighting, located within the boundaries
of the development site authorized by the permit must be brought
into conformance with the provisions of this article.
(c) No outdoor lighting fixture which was lawfully installed
prior to the enactment of this ordinance may be required to be
removed or modified except as expressly provided herein; however,
no modification or replacement may be made to a nonconforming
fixture unless the fixture thereafter conforms to the provisions
of this article.
(d) In the event that any nonconforming sign, as to
lighting, is abandoned or is damaged and the damage exceeds fifty
percent of the reproduction value, exclusive of foundations, to
replace it, the sign must be brought into conformance with the provisions of this article.
§8-33A-10. Variances.
Any person desiring to install an outdoor lighting fixture
in violation of this article may apply to the municipal or county
planning board for a variance from the regulation in question.
§8-33A-11. Conflicting regulations.
In the event of conflict between the regulations set forth
in this article and any other regulations applicable to the same
area, the more stringent limitation or requirement governs.
§8-33A-12. Violations and enforcement.
It is unlawful to install or operate an outdoor light
fixture in violation of this article. Any person violating any
provisions of this article is guilty of a misdemeanor.
§8-33A-13. Definitions.
(a) "Abandonment" means the discontinuation of use for a
period of six months.
(b) "Acreage, Net" means the remaining ground area after
deleting all portions for proposed and existing streets within a
development or subdivision.
(c) "Class I Lighting" means all outdoor lighting used for,
but not limited, to outdoor sales or eating areas, assembly or
repair areas, advertising and other signs, recreational
facilities and other similar applications where color rendition
is important to preserve the effectiveness of the activity.
(d) "Class II Lighting" means all outdoor lighting used for,
but not limited to, illumination for walkways, roadways,
equipment yards, parking lots and outdoor security where general
illumination for safety or security of the grounds is the primary
concern.
(e) "Class III Lighting" means any outdoor lighting used for
Decorative effects including, but not limited to, architectural
illumination, flag and monument lighting and illumination of
trees, bushes, etc.
(f) "Development project" means any residential, commercial,
industrial or mixed use subdivision plan or development plan
which is submitted to the municipality or county for approval.
(g) "Direct illumination" means illumination resulting from
light emitted directly from a lamp or luminary, not light
diffused through translucent signs or reflected from other
surfaces such as the ground or building faces.
(h) "Filtered light" means light from a light source that is
covered by a glass, acrylic or other cover that restricts the
amount of nonvisible radiation (infrared, ultraviolet) emitted by
the luminary (quartz glass does not meet this definition).
(i) "Fully shielded fixture" means an outdoor light fixture
shielded in such a manner that all light emitted by the fixture
either directly from the lamp or indirectly from the fixture, is
projected below the horizontal as determined by photometric test or certified by the manufacturer. A luminary mounted under a
canopy or other structure such that the surrounding structure
effectively shields the light in the same manner is also
considered fully shielded for the purposes of this ordinance.
(j) "Installed lighting" means attached, or fixed in place,
whether or not connected to a power source.
(k) "Lumen" means the unit used to measure the actual amount
of light which is produced by a lamp.
(l) "Luminary" means the complete lighting assembly, less
the support assembly. For purposes of determining total light
output from a luminary, lighting assemblies which include
multiple unshielded or partially shielded lamps on single pole or
standard are considered as a single unit.
(m) "Multiclass lighting" means any outdoor lighting used
for more than one purpose, such as security and decoration such
that its use falls under the definition of two or more classes as
defined for Class I, II and III Lighting.
(n) "Opaque" means that material must not transmit light
from an internal illumination source.
(o) "Outdoor light fixtures" means outdoor electrically
powered illuminating devices, outdoor lighting or reflective
surfaces, lamps and similar devices, either permanently installed
or portable, which are used for illumination or advertisement.
These devices include, but are not limited to, search, spot and flood lights for:
(1) Buildings and structures;
(2) Recreational areas;
(3) Parking lot lighting;
(4) Landscape and architectural lighting;
(5) Billboards and other signs (advertising or other);
(6) Street lighting;
(7) Product display area lighting.
(p) "Outdoor Light Output, Total" means the maximum total
amount of light, measured in lumens, from all outdoor light
fixtures. For lamp types that vary in their output as they age
(such as high pressure sodium), the initial output, as defined by
the manufacturer, is the value to be considered. For determining
compliance with this article, the light emitted from outdoor
light fixtures is to be included in the total output as follows:
(1) Outdoor light fixtures installed on poles (such as
parking lot luminaries) and light fixtures installed on the sides
of buildings or other structures, when not shielded from above by
the structure itself as defined in subdivisions (2) and (3)
below, are to be included in the total outdoor light output by
simply adding the lumen output of the lamps used;
(2) Outdoor light fixtures installed under canopies,
buildings, overhangs or roof eaves where the center of the lamp
or luminary is located at least three feet but less than fifteen feet from the nearest edge of the canopy or overhang are to be
included in the total outdoor light output as though they
produced only one half of the lamp's rated lumen output;
(3) Outdoor light fixtures located under and fifteen or more
feet from the nearest edge of a canopy, building overhang or eave
are not to be included in the total outdoor light output.
(q) "Outdoor recreation facility" means an area designed for
active recreation, whether publicly or privately owned including,
but not limited to, baseball diamonds, soccer and football
fields, golf courses, tennis courts and swimming pools.
(r) "Partially shielded fixture" means an outdoor light
fixture shielded in such a manner that more than zero, but less
than ten percent of the light emitted directly from the lamp or
indirectly from the fixture is projected at angles above the
horizontal, as determined by photometric test or certified by the
manufacturer.
(s) "Person" means any individual, lessee, firm,
partnership, association, joint venture, corporation, or agent of
the aforementioned groups or the state of West Virginia or any
agency or political subdivision.
(t) "Planning director" means the director of the planning
division for any municipality or county in the state.
(u) "Sign" means any medium, including its structure and
component parts, which is used or intended for advertising purposes other than the painting on the surface of a building.
(v) "Sign, indirectly illuminated" means any sign the facing
of which reflects light from a source intentionally directed upon
it.
(w) "Sign, internally illuminated" means any sign which has
the source of light entirely enclosed within the sign and not
directly visible to the eye.
(x) "Temporary lighting" means lighting which does not
conform to the provisions of this ordinance and which will not be
used for more than one thirty-day period within a calendar year,
with one thirty-day extension to temporary lighting is intended
for uses which by their nature are of limited duration such as
holiday decorations, civic events, or construction projects.
(y) "Use, abandonment of" means the relinquishment of a
property, or the cessation of a use or activity by the owner or
tenant for a period of six months, excluding temporary or short
term interruptions for the purpose of remodeling, maintaining, or
otherwise improving or rearranging a facility. A use is
considered abandoned when the use is suspended as evidenced by
the cessation of activities or conditions which constitute the
principle use of the property.
(z) "Watt" means the unit used to measure the electrical
power consumption of a lamp.
NOTE: The purpose of this bill is to regulate outdoor
lighting by encouraging energy conservation and minimizing light
pollution.
Article 33A is new; therefore, strike-throughs and
underscoring have been omitted.
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